A Treatise on the Practice of the High Court of Chancery: With Some Practical Observations on the Pleadings in that Court, 1. köideI.G. M'Kinley & J.M.G. Lescure, 1845 |
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Page 21
... answer , he may make the application after answer ; if , however , he takes any material step in the cause after he has notice , he cannot then apply . In Macon v . Gardiner , ( n ) the plaintiff was described in the original bill as ...
... answer , he may make the application after answer ; if , however , he takes any material step in the cause after he has notice , he cannot then apply . In Macon v . Gardiner , ( n ) the plaintiff was described in the original bill as ...
Page 22
... answer was not filed till after the defendant had been informed of the plaintiff's residence ; a [ * 36 ] motion that the plaintiff might give security for costs was consid- ered too late , although the defendant himself was not privy ...
... answer was not filed till after the defendant had been informed of the plaintiff's residence ; a [ * 36 ] motion that the plaintiff might give security for costs was consid- ered too late , although the defendant himself was not privy ...
Page 37
... answer , for after answer the defendant admits the plaintiff to be a proper person to be answered to ; and therefore such plea would then come too late ; but it is said that if an outlawry be not pleaded , yet it may be shown at the ...
... answer , for after answer the defendant admits the plaintiff to be a proper person to be answered to ; and therefore such plea would then come too late ; but it is said that if an outlawry be not pleaded , yet it may be shown at the ...
Page 62
... answer costs ; but in answer to that it was said by Mr. Dickens , whose rea- sons appear to have been adopted by Lord Thurlow , that the order which directs security to be given , states the plaintiff to live out of the jurisdiction of ...
... answer costs ; but in answer to that it was said by Mr. Dickens , whose rea- sons appear to have been adopted by Lord Thurlow , that the order which directs security to be given , states the plaintiff to live out of the jurisdiction of ...
Page 69
... answer , [ * 116 ] as a matter of course , would be materially injured by being com- pelled to answer such a bill by a person whose property is not in his own dis- posal , and who is therefore incapable of paying the costs . ( m ) If ...
... answer , [ * 116 ] as a matter of course , would be materially injured by being com- pelled to answer such a bill by a person whose property is not in his own dis- posal , and who is therefore incapable of paying the costs . ( m ) If ...
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Common terms and phrases
action affidavit alleged allowed amend his bill amended bill answer appears apply assignees Attorney bankrupt behalf bill was filed brought cause chose in action claim clerk in Court contempt costs Court of Chancery Court of Equity Court of Exchequer creditors debt decree defendant demurrer Dick dismissed entitled executor feme covert file a bill forma pauperis granted ground heir held husband Ibid infant injunction insolvent interest issue jurisdiction Lord Chancellor Lord Eldon Lord Hardwicke Lord Red Lord Thurlow Lordship lunatic matter mortgage mortgagor motion necessary party objection observed obtained order to amend original bill payment personal estate petition plaintiff plea pleaded prayed principle proceedings prochein amy purpose referred relief respect rule Russ settlement solicitor subpæna subpoena sued suit supplemental bill Thomas Plumer tion trustees Vern Vice Chancellor vide etiam wife wife's writ
Popular passages
Page 23 - ... made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 295 - Lordship in this Honorable Court ; and then and there, full, true, direct, and perfect answer make to all and singular the premises; and further, to stand to, perform, and abide such further order, direction (and decree), therein, as to your Lordship shall seem meet. And your orator shall ever pray, &c.
Page 46 - Recognizance ; and if at any Time it shall appear to the Satisfaction of the said Court that such Prisoner is of Ability to pay such Debts or any Part thereof, or that he is dead, leaving Assets for that Purpose...
Page 372 - ... and therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real...
Page 161 - ... and that in either case there is just ground to believe that such defendant is gone out of the realm or otherwise absconded to avoid being served...
Page 53 - ... of bankruptcy, respectively, unless the other party in such action shall, if defendant, at or before pleading, and, if plaintiff, before issue joined, give notice in writing to such assignee, commissioner, or other person, that he intends to dispute some and which of such matters...
Page 169 - IT is the constant aim of a Court of Equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the Court perfectly safe to those who are compelled to obey it, and to prevent future litigation...
Page 244 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Page 46 - ... creditor under the commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except his tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children), shall vest in the assignees under the said commission, who shall be entitled to seize the same in like manner as they might have seized property of which such bankrupt was possessed at the issuing the commission.
Page 39 - ... shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders during his, her, or their natural lives only...